1. This Act May Be Cited As The Merchant Shipping

[10th February 2020]Supplement to Official Gazette31MERCHANT SHIPPING (AMENDMENT) ACT, 2019(Act 3 of 2020)I assentDanny FaurePresident7th February, 2020AN ACT to amend the Merchant Shipping Act (Cap 282).ENACTED by the President and the National Assembly.1.This Act may be cited as the Merchant Shipping(Amendment) Act, 2019.Short title

32Amendmentof Cap 282Supplement to Official Gazette2.[10th February 2020]The Merchant Shipping Act is amended as follows —(a)in section 3 —(i)by repealing the definition of“Administration” and substitutingtherefor the following definitions —““Appeal” means an appeal filedbefore the Appeals Board;“Appeals Board” means theAppeals Board established undersection 11 of the SeychellesMaritime Safety Authority Act,2019;”;(ii)by repealing the definition of“authorised officer” andsubstituting therefor the followingdefinitions —““Authority” means the Authorityestablished under the SeychellesMaritime Safety Authority Act,2019;“bareboat charter” means aSeychelles ship leased for a periodof time without Master and crew;““BLU Code” means the Code ofPractice for the Safe Loading andUnloading of BulkCarriersadopted by the IMO on 27November,1997 by resolution A.862(20) as amended from time totime;”;

Supplement to Official Gazette64183 (1)184185 (2)186 (2)192204(2)209231 (1)236 (6)[10th February 2020]R20,000 fine together with 12months imprisonmentR40,000 fine together with 24months imprisonmentR40,000 fine together with 24months imprisonmentR20,000 fine together with 12months imprisonmentR40,000 fine together with 24months imprisonmentR10,000 fine together with 6months imprisonmentR10,000 fineR40,000 fine together with 36months imprisonmentR10,000 fine together with 6months imprisonment”.[10th February 2020](iii)Supplement to Official Gazette33by inserting after the definition of “cargo ship” thefollowing definition —““Casualty Investigation Code” means the Codeof the International Standards and RecommendedPractices for a Safety Investigation into a MarineCasualty or Marine Incident adopted on 16 May2008 by IMO Resolution MSC. 255(84);”;(iv)by repealing the definition of “Director General”;(v)by repealing the definition of “CollisionsConvention” and substituting therefor thefollowing definitions —““Chief Executive Officer” means the ChiefExecutive Officer as defined in the SeychellesMaritime Safety Authority Act, 2019;“COLREG” means the Convention on theInternational Regulations for PreventingCollisions at Sea 1972, as affected by anyamendment, other than an amendment objected to,or not accepted, by the Republic;”;I certify that this is a correct copy of the Bill which was passed by the NationalAssembly on 17th December, 2019.(vi)Mrs. Tania IsaacDeputy Clerk to the National Assemblyby inserting after the definition of “equipment” thefollowing definition —““Examiner” means an Examiner appointed undersection 10 of the Seychelles Maritime SafetyAuthority Act, 2019;”;(vii)by inserting after the definition of “existing ship”the following definition —““FAL Convention” means the Convention onInternational Facilitation of Maritime Traffic,1965 as amended from time to time;”;

34Supplement to Official Gazette[10th February 2020](viii) by repealing the definition of “Harbour Master” andsubstituting therefor the following definitions —““IMDG” means the International MaritimeDangerous Goods Code adopted by the IMO on 6November 1991 by resolution 716 (17), asamended from time to time;“IMO” means the International MaritimeOrganisation;”;(ix)by repealing the definition of “inspector” andsubstituting therefor the following definitions —““Inspector” means the Inspector appointed undersection 10 of the Seychelles Maritime SafetyAuthority Act, 2019;“International Convention on Load Lines” meansthe International Convention on Load Lines 1966and its Protocol of 1988, as affected by anyamendment thereto, other than an amendmentobjected to or not accepted by the Republic;“International Load Line Convention ship” meansa ship that is —(a) of a kind to which the International Load LineConvention applies; and(b) registered in a country the government ofwhich has accepted or acceded to theInternational Load Line Convention and hasnot denounced that Convention;”;(x)by repealing the definition of “LicensingAuthority” and substituting therefor the followingdefinitions —[10th February 150(1)152 (2)153154161162164165(2)166(2)168(2)168 (3)170 (1)180 (3)181 (4)Supplement to Official GazetteR40,000 fine together with 24months imprisonmentR10,000 fine together with 6months imprisonmentR20,000 fine together with 12months imprisonment3 years imprisonmentR10,000 fineR2,000 fineR2,000 fineR10,000 fineR2,000 fineR10,000 fineR6,000 fineR100,000 fine together with 9years imprisonmentR52,000 fineR2,000 fineR2,000 fineR4,000 fineR20,000 fineR20,000 fineR1,000 fineR20,000 fineR30,000 fine together with 12months imprisonmentR40,000 fineR10,000 fine together with 6months imprisonmentR20,000 fine together with 12months imprisonment63

Supplement to Official Gazette6227 (4)29(5)32(9)33(2)42(1)45(2)45 (3)46(2)51 (1)81(3)82(2)83(2)86(1)86 (2)86 (3)88 (4)91(2)92(2)93(2)101(3)101(4)110(4)114 (1)[10th February 2020]R2,000R2,000 fineR800 fine together with 3 monthsimprisonmentR400 fineR20,000 finetogether with 12months imprisonmentR2,000 fineR2,000 fineR2,000 fineR20,000 fine together with 12months imprisonmentR1000 fineR20,000 fine together with 12months imprisonmentR1,000 fineR2,000 fineR200 fineR2,000 fineR2,000 fineR20,000 fine together with 12months imprisonmentR20,000 fine together with 12months imprisonmentR16,000 fine together with 10months imprisonmentR40,000 fineR40,000 fine together with 12months imprisonmentR30,000 fineR40,000 fine together with 24months imprisonment[10th February 2020]Supplement to Official Gazette35““ISM Code” means the InternationalManagement Code for the Safe Operation of Shipsand for Pollution Prevention adopted by the IMOon 4 November 1993 by resolution A. 741 (18), asamended from time to time;“ISM Company” means the owner of the ship orany other organisation or person such as themanager, or the bareboat charterer, who hasassumed the responsibility for operation of theship from the ship owner and who, on assumingsuch responsibility, has agreed to take over allduties and responsibility imposed by the ISMCode;“ISPS Code” means the International Ship andPort Facility Code adopted on 12 December 2002by resolution 2 of the Conference of ContractingGovernments to the International Convention forthe Safety of Life at Sea, 1974, as amended fromtime to time;”;(xi)by repealing the definition of “Load LineConvention”;(xii)by repealing the definition of “Load LineConvention Ship”;(xiii) by inserting after the definition of MarineAccident Investigation Board” the followingdefinition —““MARPOL” 73/78 means the InternationalConvention for the Prevention of Pollution fromShips, 1973 as modified by the Protocol of 1978and protocol of 1997, as amended from time totime;”;

36Supplement to Official Gazette[10th February 2020][10th February 2020](xiv) by inserting after the definition of “Minister” thefollowing definition —by inserting after the definition of “Official LogBook” the following definition —(iii)(nnnn)(xvi) by repealing the definition of “Receiver ofWrecks”;(xvii) by repealing the definition of “Registrar” andsubstituting therefor the following definitions —““Registrar” means the Registrar of Shipsappointed under section 10 of the SeychellesMaritime Safety Authority Act, 2019;(a) for the port at which the seafarer entered into,or is believed to have entered into a crewagreement; or(b) where the seafarer did not enter into a crewagreement in Seychelles, for the port to whichby inserting after subsection (2) the followingsubsection —“(3) While making Regulations undersubsection (1) due regard shall be given to theapplicable IMO instruments”;““OPRC” means the International Convention onPollution Preparedness, Response andCooperation 1990;”;“Registrar of Seafarers” means the Registrar ofSeafarers appointed under section 10 of theSeychelles Maritime Safety Authority Act, 2019,but in relation to any Registrar of Seafarer for thepurpose of section 134 means the Registrar ofSeafarers appointed —61substituting therefor the words “R30,000” and “2years” respectively;““MLC 2006” means the Marine LabourConvention adopted on 23 February 2006 by theGeneral Conference of the International LabourOrganisation;”;(xv)Supplement to Official Gazette(oooo)in section 245 —(i)by repealing in subsection (2) the words “theMinister responsible for environment” andsubstituting therefor the words “ the Authorityand in accordance with any IMO instruments”;(ii)by repealing in paragraph (a) of subsection (3) thewords “R200,000” and substituting therefor thewords “R 300,000”;(iii)by repealing in subsection (4) the words “HarbourMaster” and “vessel” and substituting therefor thewords “Chief Executive Officer” and “ship”respectively;by repealing the SECOND SCHEDULE and substitutingtherefor the following SCHEDULE —“SECOND SCHEDULE(Section 221)PENALTIESSection22 (3)22 (4)27 (3)Imprisonment or fine or bothR1,000 fineR200 fineR10,000 fine together with 6months imprisonment

Supplement to Official Gazette60(jjjj)(kkkk)(llll)[10th February 2020][10th February 2020]Supplement to Official Gazette37(e) make safety recommendations aimedat the prevention of future marineincidents and accidents; andthe seafarer has returned, or is expected toreturn, on the completion of his or her latestvoyage;”;(f) perform any other functions provided inthe Act as the Minister may by order inwriting.”;(xviii) by repealing the definitions of “SafetyConvention” and “Safety Convention ship”;by repealing in subsection (1) of section 234 the word“Minister” and substituting therefor the word“Authority”;(xix) by repealing the definition of “Seychelles ship” andsubstituting therefor the following definitions —““Ship” includes every description of vessel orartificial craft used or capable of being used as ameans of transportation on or in water, whether ornot it is actually afloat, and whether or not it hasany means of propulsion but does not include aseaplane;in section 236 —(i)by repealing in subsections (1) and (2) the words“Harbour Master or an authorised officer” andOfficer”;(ii)by repealing in subsections (3) and (4) the words“Harbour Master” and substituting therefor thewords “Chief Executive Officer”;“Seychelles ship” means a ship registered underthis Act;”;(xx)by inserting after the definition of “ship registeredunder this Act” the following definitions —by repealing sections 237, 238 and 239;(mmmm) in section 242 —(i)by inserting in subsection (1) after paragraph (a)the following paragraph —“(aa)(ii)the manner in which ships are to bemanaged in reference to the ISM Code,ISPS Code, STCW Code, and anyapplicable Code promulgated by the IMO,as amended and as required by theAuthority”;by repealing in subsection (1) paragraph (e) thewords “R10,000” and “12 months” and““SOLAS” means the International Conventionfor the Safety of Life at Sea 1974, its Protocols of1978 and 1988 and all amendments thereto, otherthan an amendment objected to or not accepted bythe Republic as affected by any amendment otherthan an amendment objected to or not accepted bythe Republic;“SOLAS Convention ship” means —(a) a ship of a kind to which the SOLAS applies;and(b) registered in a country, the government ofwhich has accepted or acceded to SOLAS andhas not denounced the Convention;”;